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200600540
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1/20/2006 8:21:56 AM
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1/20/2006 8:21:56 AM
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DEEDS
Inst Number
200600540
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<br />200600540 <br /> <br />Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to <br />the Secured Debt, whether or not then due, at Beneficiary's option. Any application of proceeds to principa shall not <br />extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid <br />to the Grantor. If the Property is acquired by Beneficiary, Trustor's right to any insurance policies and proceeds resulting <br />from damage to the Property before the acquisition shall pass to Beneficiary to the extent of the Secured Debt immediately <br />before the acquisition. <br /> <br />20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Trustor will not be <br />required to pay to Beneficiary funds for taxes and insurance in escrow. <br /> <br />21. :FINANCIAL REPORTS ANn ADDITIONAL DOCUMJ.i:NTS. Trustor will provide to Beneficiary upon request, any <br />financial statement or information Beneficiary may deem reasonably necessary. '1rustor agrees to sign, dehver, and file any <br />additional documents or certifications that Beneficiary ma~ consider necessary to perfect, continue, and preserve Grantor's <br />obligations under this Security Instrument and Beneficiary s lien status on the Property. <br /> <br />22. .JOINT AND INDIVIDUAL LIABILlTYi CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under <br />this Security Instrument are joint and indiVidual. If Trustor signs this Security Instrument but does not sign an evidence of <br />debt, Trustor does so only to mortgage Trustor's interest in the Property to secure payment of the Secured Debt and Trustor <br />does not agree to be personally liable on the Secured Debt. If this Security lnstrument secures a guaranty between <br />Beneficiary and Trustor, Trustor agrees to waive any rights that may prevent Beneficiary from bringing any action or claim <br />against Trustor or any party indebted under the obligation. These rights may include, but are not limited to, any <br />anti-deficiency or one-action laws. Trustor agrees that Beneficiary and any party to this Security Instrument may extend, <br />modify or make any change in the terms of this Security Instrument or any eVidence of dcbt without Trustor's consent. <br />Such a change will not release Trustor from the terms of this Security Instrument. The duties and benefits of this Security <br />Instrument shall bind and benefit the successors and assigns of Trustor and Beneficial. <br /> <br />23. APPLICABLE LAW' SEVERABILITY' INTERPRETATION. This Security Instrument is governed by the laws of thc <br />iurisdiction in which Beneficiary is located, cxccpt to the extent otherwise required by the laws of thc jurisdiction where the <br />Property is located. This Security Instrument IS complete and fully integrated. This Security Instrument may not be <br />amended or modified by oral agreement. Any section in this Security Instnunent, attachments, or any agreement relatcd to <br />the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the <br />vari~tions. by written agrccmept. If any' section of this ~e~urity Instrum~nt cannot ~)e ~nfo~ced according to its terms, that <br />section Will be severed and Will not affect the enforccabllIty of the remamder of this SecurIty Instnllnent. Whenever used, <br />the singular shall include the plural and the plural the singular. Thc captions and headings of the sections of this Security <br />Instrumcnt arc for convenience only and are not to bc used to interpret or define the terms of this Security Instrument. Time <br />is of the essence in this Security Instrumcnt. <br /> <br />24. SUCCESSOR TRUSTEE. Beneficiary, at Bcneficiary's option, may from time to time remove Trustee and appoint a <br />successor trustee without any other form~lity than the design~tion in -",riting. Thc successor tru~tee, wit~out conveyance of <br />the Property, shall succeed to all the title, power and duties conferred upon Trustee by thiS SecurIty Instrument and <br />applicable law. <br /> <br />25. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to <br />the appropriate rarty's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice <br />to one trustor Will be deemed to be notice to all trustors. <br /> <br />26. WAIVERS. Except to the extent prohibited by law, Trustor waives all appraisement and homestead exemption rights <br />relating to the Property. <br /> <br />27. OTHER TERMS. If checked, the following are applicable to this Security Instrument: <br /> <br />D Line of Credit. The Secured Debt includes a revolving line of credit provision. Although the Secured Debt may be <br />reduccd to a zero balance, this Security Instrument will remain in effect until released. <br />D Construction Loan. This Sccurity Instrument securcs an obligation incurred for the construction of an <br />improvement on the Property. <br />D Fixture Filing. Trustor grants to Beneficiary a security interest in all goods that Grantor owns now or in the future <br />and that are or will become fixtures relatcd to thc Propcrty. This Security Instrument suffices as a financing <br />statement and any carbon, photographic or other reproduction may be filcd of record for purposes of Article 9 of <br />the Uniform Commercial Code. <br />D Riders. Thc covenants and agreements of each of the riders checked below arc incorporated into and supplement <br />and amend the terms of this Security Instrument. [Check all applicable boxcs) <br />D Condominium Rider 0 Planned Unit Development Rider D Othcr _ __ _ ___ <br />D Additional Terms. <br /> <br />SIGNATURES: By signing below, Trustor agrees to the terms and covenants contained in this Security Instrument and in any <br />attachments. Trustor also acknowledges receipt of a copy of this Security Instrument on the date statcd on page 1. <br /> <br />OJ /, f{ vJ!tP <br />~m _________________ <br /> <br />(Signature) GLEN A KLUTHE <br /> <br />(Date) <br /> <br />(Signature) <br /> <br />(Dal.e) <br /> <br />ACKNOWLEDGMENT: <br />STATE OF Nebraska__ __ _ _ _ _ _ _ __ __ _ _ , COUNTY OF Hall <br />This instrument was acknowlcdged before me this 11 th _ __ __ __ day of Janua_r:Y _ ~ Q () 6 <br />by GL):!:~_ A J~I~Q'!':IJ~__ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ _ <br />My commission expires: 08/17/2006 <br /> <br />__ __ __ __ }ss. <br /> <br />(Individual) <br /> <br /> <br />GENERAL NOTARY. State of Nebraska <br />III; MARK E. KERSTEN <br />My Comm. Exp. Aug. 17, 2006 <br /> <br />\" ~' ~-_.-_._._- <br />'\J _ _ E... .~?\--- <br /> <br />~ (Notary Puhlic) <br />MARK E KERSTEN <br /> <br />Exj5e1i?J: 01994 Bankers Systems.lne, St_ Cloud. MN Form REUT-NE 1/30/2002 <br /> <br />.. -C165(NE) 103011 <br />~ <br /> <br />(page 4 of 4J <br /> <br />. <br /> <br />. <br />
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